M. DEVAKI Vs. STATE

JUDGEMENT

(1.) PETITIONER was working as Taluk Panchayat Officer. She was appointed as Returning Officer in the Panchayat Elections held in 1988. Disciplinary proceedings were initiated against her alleging that as a Returning Officer she had committed serious electoral delinquency. As per Ext P5 order, 2nd respondent, the Director of Panchayat ordered withholding of her one year's increment with cumulative effect. She filed an appeal before the Government challenging Ext. P5, but the Government dismissed the appeal as per Ext. P7. This Original Petition is in challenge of Exts. P 5 and P7 orders.

(2.) THE main contention of the petitioner in this Original Petition is that the punishment imposed on her is a major penalty and such a penalty could not have been imposed without conducting a formal enquiry into the allegations.

(3.) UNDER R.15 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 a formal enquiry is made compulsory before an order is passed imposing any of the penalties specified in items (v) to (ix) of R.11(1). The penalty of withholding of increments falls within item (ii) of R.11(1). A note added thereunder states thus: